Transitional measures

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European Legislation

Commission Regulation (EC) No 1162/2009 (OJ L314, p10, 01/12/2009) of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council 

National Legislation

European Communities (Food and Feed Hygiene) Regulations 2009 (S.I. No. 432 of 2009)

Amended by:

  • European Communities (Food and Feed Hygiene) (Amendment)Regulations 2010 ( S.I. No. 312 of 2010 ) 

 

General provisions

The entry into application on 1 January 2006 of Regulations (EC) No 852/2004,(EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 entailed  some changes to the rules and procedures followed by food operators and the competent authorities. The application of some of these measures with immediate effect from 1st January 2006 would have presented practical difficulties in some cases. A period of time was granted to  allow  a smooth transition to the full implementation of the new rules and procedures and a transitional period of four years ending on 31 December 2009 was established by  Regulation (EC) No 2076/2005 .

  • Article 5 of  Regulation (EC) No 2076/2005 permitted food business operators (FBOs) to  continue to use stocks of wrapping, packaging and labelling materials bearing preprinted health or identification marks until 31 December 2007. These stocks had to be  purchased by them before 1 January 2006.
  • Article 6 of Regulation (EC) No 2076/2005 permitted FBOs  and competent authorities to continue to use marking equipment with which they are equipped on 31 December 2005 until its replacement or until the end of the transitional period at the latest, provided that the approval number of the establishment concerned remains unchanged. When that equipment is replaced, the competent authority must ensure that it is withdrawn so that it cannot be used any more.

Following discussions at EU level, it was agreed that certain transitional arrangements provided for in Regulation (EC) No 2076/2005 should be maintained pending the completion of a review of the food hygiene package.   Regulation (EC) No 1162/2009  was introduced and it  lays down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and the Council for a transitional period from 1 January 2010 to 31 December 2013.

It introduces the following:

Transitional measures for the implementation of Regulation (EC) No 853/2004 

  • Direct supply of small quantities of meat from poultry and lagomorphs
  • Health import conditions regarding  imports of food of animal origin for which no harmonised public health import conditions have been established and for imports of  food containing both products of plant origin and processed products of animal origin
  • Composition criteria and labelling requirements for minced meat

Transitional measures for the implementation of Regulation (EC) No 854/2004 

  • Health import conditions regarding imports of food of animal origin for which no harmonised public health import conditions have been established

Transitional measures for the implementation of Regulation (EC) No 882/2004 

  • Accreditation of official laboratories conducting Trichinella testing

 

Information on transitional arrangements for specific products can be accessed in the relevant subject in the Food Legislation webpage

 

 

 

Last reviewed: 6/9/2010

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